138 N.I.Act

chiranjib mukherjee (Querist) 26 February 2010 This query is : Resolved
in a case the accused applied to the bank for stop payment before depositing the cheque, the bank did not do so. Will the bqank be responsible u/sec. 138 N.I.Act ?

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Arvind Singh Chauhan (Expert) 26 February 2010
Bank is not responsible under 138 but complaint in consumer forum may be filed.

Raj Kumar Makkad (Expert) 26 February 2010
No. This section cannot be plied against bank in the given facts.

Parveen Kr. Aggarwal (Expert) 27 February 2010
The bank cannot be held liable under section 138 of the N. I. Act because the bank is neither the drawer nor has any legally enforceable debt or liability against it. However, the bank is liable for rendering deficient services for not adhering to the instructions of its customer and as such liable under the provisions of the Consumer Protetion Act as rightly suggested by Mr. Arvind.

Adv.Shine Thomas (Expert) 28 February 2010
The bank is not responsible u/s 138 of NI Act.

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